Hadiya not held captive at home, says father

Posted - October 31 201700:46

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Hadiya not held captive at home, says father

Speaking to reporters in Kottayam after the court's order, Asokan, the father of Hadiya, denied that his daughter was under house arrest and said he will produce her before the Supreme Court on November 27 as directed. The CJI said, the bench would "interact with the girl in open court to take a preliminary assessment of her mental state".

Earlier in the day, the court has asked Ashokan to produce Hadiya on November 27, in the next date of hearing in the case. Her inter-faith marriage to a Muslim man was annulled by the state High Court describing it to be a case of "Love-Jihad".

"We have to find out as to where she meant to stay and as far as, marriage is concerned it is a personal thing", the bench said, adding that the free consent of a major has to be ascertained.

The court is hearing a petition filed by a Muslim man who challenged an order that annulled his marriage on charges of love jihad.

In a video released recently by Rahul Easwar, Hadiya had said she was certain she would be killed soon.

"Indoctrination is an exception to free consent". I know my father is getting angry.

"There is nothing in law that stops someone from falling in love and marrying a criminal. She should not be confined in this manner, only a criminal can be", Supreme Court lawyer Karuna Nundy told Al Jazeera. She is under police vigil, the sources said. "They have students, preachers, psychologists etc and they radicalize impressionable minds.The question is do courts respond to such radicalization or do they remain silent?"

A three-judge bench presided over by Chief Justice Dipak Misra said the court will go by language of law and not impulse or pulse of society. But the previous order passed by this court said the court has the authority to set the time of investigation. But her father, Ashokan, alleged that her former husband Shafin Jahan was conspiring to take his daughter to Syria to fight for the Islamic State group.

Divan went on to submit that "Kerala has a huge contingent of people who have joined ISIS", a contention that evoked sharp objections from senior advocate Kapil Sibal, who is appearing for Hadiya's husband.

Hadiya's father had appealed for in-camera proceedings, but the Supreme Court declined his request.

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